[iwar] [fc:Free.Speech.in.Cyberspace.Victory.(DeCSS.Injunction.Overturned.in.CA)]

From: Fred Cohen (fc@all.net)
Date: 2001-11-04 20:19:14


Return-Path: <sentto-279987-3758-1004933924-fc=all.net@returns.groups.yahoo.com>
Delivered-To: fc@all.net
Received: from 204.181.12.215 [204.181.12.215] by localhost with POP3 (fetchmail-5.7.4) for fc@localhost (single-drop); Sun, 04 Nov 2001 20:20:08 -0800 (PST)
Received: (qmail 1815 invoked by uid 510); 5 Nov 2001 04:17:50 -0000
Received: from n2.groups.yahoo.com (216.115.96.52) by 204.181.12.215 with SMTP; 5 Nov 2001 04:17:50 -0000
X-eGroups-Return: sentto-279987-3758-1004933924-fc=all.net@returns.groups.yahoo.com
Received: from [10.1.1.222] by n2.groups.yahoo.com with NNFMP; 05 Nov 2001 04:18:44 -0000
X-Sender: fc@red.all.net
X-Apparently-To: iwar@onelist.com
Received: (EGP: mail-8_0_0_1); 5 Nov 2001 04:18:43 -0000
Received: (qmail 48895 invoked from network); 5 Nov 2001 04:18:42 -0000
Received: from unknown (216.115.97.167) by m4.grp.snv.yahoo.com with QMQP; 5 Nov 2001 04:18:42 -0000
Received: from unknown (HELO red.all.net) (65.0.156.78) by mta1.grp.snv.yahoo.com with SMTP; 5 Nov 2001 04:18:42 -0000
Received: (from fc@localhost) by red.all.net (8.11.2/8.11.2) id fA54JE501952 for iwar@onelist.com; Sun, 4 Nov 2001 20:19:14 -0800
Message-Id: <200111050419.fA54JE501952@red.all.net>
To: iwar@onelist.com (Information Warfare Mailing List)
Organization: I'm not allowed to say
X-Mailer: don't even ask
X-Mailer: ELM [version 2.5 PL3]
From: Fred Cohen <fc@all.net>
X-Yahoo-Profile: fcallnet
Mailing-List: list iwar@yahoogroups.com; contact iwar-owner@yahoogroups.com
Delivered-To: mailing list iwar@yahoogroups.com
Precedence: bulk
List-Unsubscribe: <mailto:iwar-unsubscribe@yahoogroups.com>
Date: Sun, 4 Nov 2001 20:19:14 -0800 (PST)
Reply-To: iwar@yahoogroups.com
Subject: [iwar] [fc:Free.Speech.in.Cyberspace.Victory.(DeCSS.Injunction.Overturned.in.CA)]
Content-Type: text/plain; charset=US-ASCII
Content-Transfer-Encoding: 7bit

Free Speech in Cyberspace Victory (DeCSS Injunction Overturned in CA)

The California appeals court has reversed the trade secret injunction
against publication of DeCSS, concluding that DeCSS is "pure speech"
that must not be subjected to the prior restraint of injunction before
trial.  Without any mention of Kaplan's decision, the court rejected
DVDCCA's characterization of DeCSS as purely "functional."

Good work, defense team!

PDF Opinion:
<a href="http://www.courtinfo.ca.gov/opinions/documents/H021153.PDF">http://www.courtinfo.ca.gov/opinions/documents/H021153.PDF>

Like the CSS decryption software, DeCSS is a writing composed of
computer source code which describes an alternative method of decrypting
CSS-encrypted DVDs.  Regardless of who authored the program, DeCSS is a
written expression of the author's ideas and information about
decryption of DVDs without CSS.  If the source code were "compiled" to
create object code, we would agree that the resulting composition of
zeroes and ones would not convey ideas.  (See generally Junger v. 
Daley, supra, 209 F.3d at pp.  482-483.) That the source code is capable
of such compilation, however, does not destroy the expressive nature of
the source code itself.  Thus, we conclude that the trial court's
preliminary injunction barring Bunner from disclosing DeCSS can fairly
be characterized as a prohibition of "pure" speech. 

and

DVDCCA's statutory right to protect its economically valuable trade
secret is not an interest that is "more fundamental" than the First
Amendment right to freedom of speech or even on equal footing with the
national security interests and other vital governmental interests that
have previously been found insufficient to justify a prior restraint. 
Our respect for the Legislature and its enactment of the UTSA cannot
displace our duty to safeguard the rights guaranteed by the First
Amendment.  Accordingly, we are compelled to reverse the preliminary
injunction.

------------------------ Yahoo! Groups Sponsor ---------------------~-->
FREE COLLEGE MONEY
CLICK HERE to search
600,000 scholarships!
http://us.click.yahoo.com/Pv4pGD/4m7CAA/ySSFAA/kgFolB/TM
---------------------------------------------------------------------~->

------------------
http://all.net/ 

Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/ 



This archive was generated by hypermail 2.1.2 : 2001-12-31 20:59:58 PST